government of karnataka - dmg -...

Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone

Government of Karnataka

Simplified Procedure (Draft) for grant of Quarrying Lease (QL) for

Ordinary Building Stone for reserve category as per the Rule 3-F of

the Karnataka Minor Mineral Concession Rules, 1994

(KMMCR)


Contents

1. Eligibility criteria for Bidders ....................................................................................................... 3

1.1 General eligibility criteria ................................................................................................................. 3

1.2 Financial eligibility criteria ............................................................................................................... 3

2. Pre-bid conference ..................................................................................................................... 4

3. Tender process .......................................................................................................................... 5

4. Payments by the Bidders along with the Technical Bid ............................................................. 5

4.1 Tender fees (non-refundable) ......................................................................................................... 5

4.2 EMD/Bid Security ............................................................................................................................ 6

5. Timetable ................................................................................................................................... 6

6. Declaration of successful bidder and grant of Quarrying Lease ................................................ 7

6.1 Issuance of provisional acceptance letter ....................................................................................... 7

6.2 Security deposit by successful bidder ............................................................................................. 7

6.3 Letter of intent ................................................................................................................................. 7

6.4 Grant of notification ......................................................................................................................... 7

6.5 Performance Guarantee ................................................................................................................. 8

6.6 Execution of lease deed .................................................................................................................. 8

7. Payments by the successful bidder/ lease holder ...................................................................... 8

7.1 Payment of royalty or dead rent (whichever is more) ..................................................................... 8

7.2 Payment of Additional Periodic Payment ........................................................................................ 8

7.3 For the new mineral discovered ...................................................................................................... 9

7.4 District Mineral Foundation ............................................................................................................. 9

7.5 Payments regarding Minimum Assured Production........................................................................ 9

7.6 Financial assurance ........................................................................................................................ 9

8. Period of Quarrying Lease ......................................................................................................... 9

9. Utilization of mineral ................................................................................................................. 10

10. Transfer and surrender of lease ............................................................................................... 10

11. Arbitration: ................................................................................................................................ 10

12. Powers of Competent Authority ............................................................................................... 10

13. Annexures ................................................................................................................................ 11


1. Eligibility criteria for Bidders

1.1 General eligibility criteria

1.1.1 Bidder has to fulfil the following eligibility conditions:

a) Bidder should be an Indian citizen;

b) Bidder should not be a minor or an undischarged insolvent or is of unsound mind;

c) Bidder should not be holding an office of profit under the State Government or Central

Government;

d) Bidder should have paid the arrears of royalty or dead rent in respect of lease(s) held by him;

e) Bidder should not have been convicted of any offence involving moral turpitude or illegal

mining;

f) Bidder should belong to the category for whom the block is so reserved.

Notes:

1) Bidder is not eligible to participate in the tender process if any of the conditions from a) to f) is

not satisfied.

2) Maximum area which a bidder/ society can hold is as per Rule 15 of the KMMCR Rules.

3) The tehsildar of the concerned taluk in which the persons reside or where the registered

society of such persons is located shall be competent to certify with regard to eligibility of

persons or registered society of such persons.

4) In case a bidder or member of his family or if the concerned registered society is holding any

quarrying lease in any district in the State of Karnataka, he will not be eligible to participate.

1.2 Financial eligibility criteria

1.2.1 Minimum Networth requirement for bidder shall be:

Mineral Type Category Eligibility (minimum Net worth requirement) in Rs

Ordinary Building Stone

Persons belonging to SC/ST or registered society of such persons

Rs 50,000

Persons belonging to economically weaker section who is quarry operator by tradition and whose livelihood is depending on quarrying of ordinary building stone or registered of such persons

Rs 50,000

Persons with disabilities (Physical Challenged) Rs 50,000

Others Rs 1,00,000

Notes:

1) Bidder should have a valid PAN and/or TAN No.


2) Financial eligibility (net worth requirement) to be certified by the registered Charted

Accountant (CA) in the format as provided in Annexure G

Networth Calculation:

a) In case of a company or firm, the Net worth shall be the sum of paid up share capital and the

free reserves as per the Audited/Provisional Balance Sheet of the immediately preceding

financial year.

b) In case of an individual, the Net worth shall be the closing cash balance on the last date for

submission of application, and such amount may include amount in Savings Bank accounts in

Scheduled Bank/ Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks,

Post Office, Listed Companies/Government Organization/Public Sector Undertaking of State

and Central Government, Kisan Vikas Patra, National Saving certificate, Bonds, Shares of

Listed Companies, Listed Mutual Funds, Unit Linked Insurance Plan, Public Provident Fund,

Surrender Value of Life Insurance policies in the name of Applicant.

2. Pre-bid conference

a) Bidders may seek clarifications or request further information regarding this Tender

Document.

b) Any queries or requests for additional information concerning this Tender Document may be

sent by hard copy or may be sent by e-mail to the Competent Authority to

XXXXXXXXXXXXXXX.

c) The letter/email should clearly bear the following subject line: “Queries/Request for Additional

Information: Tender Document for [name of the Concession Area]”.

d) The queries should be sent/emailed on or before the date specified in Time Table for

receiving queries.

e) The Competent Authority shall endeavor to respond to the queries within the period specified.

However, the Competent Authority reserves the right to not respond to any question or

provide any clarification, in its sole discretion, and nothing in this Tender Document shall be

taken or read as compelling or requiring the Competent Authority to respond to any question

or to provide any clarification.

f) The Competent Authority shall publish the queries for which response has been provided on a

website/notice board of local/district office, without identifying the source of queries.

g) Pre-bid conference(s) of the Bidders shall be convened at the designated date as mentioned

in “Time Table” at a time and place specified by the Competent Authority.

h) A maximum of two representatives of each Bidder shall be allowed to participate on

production of duly issued authority letter from the Bidder and identity documents. During the

course of pre-bid conference(s), the Bidders may seek additional clarifications and make

suggestions for consideration of the Competent Authority.

i) The Competent Authority shall endeavor to provide clarifications and such further information,

as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and

competitive tender process.


j) The Competent Authority may also on its own motion, if deemed necessary, issue

interpretations and clarifications to all Bidders. All clarifications and interpretations issued by

the Competent Authority shall be deemed to be part of the Tender Document. Provided,

however, that any non-written clarifications and information provided by the Competent

Authority, its employees or representatives in any manner whatsoever shall not in any way or

manner be binding on the Competent Authority.

3. Tender process

a. Information about the blocks in each district shall be as per Annexure A.

b. Details of the blocks i.e. Information Memorandum shall be as per Annexure B.

c. Bidders need to submit the bids as per Annexure C.

d. Details of the Competent Authority has been provided in Annexure L.

e. Pursuant to Rule 3-F of the KMMCR Rules, the allotment shall be based on the lottery

system in case there will be more than one application in a particular category. The

categories defined are as below:

a) Persons belonging to Schedules Castes or Schedules Tribes or registered society of such

persons - 24%

b) Persons belonging to economically weaker section who is quarry operator by tradition

and whose livelihood is dependent upon the quarrying of ordinary building stone or

registered society of such persons- 24%

c) Persons with disabilities (Physically challenged)- 2%

d) Others- 50%

The blocks so identified under categories a) & b) mentioned above shall be allotted, as per the

following preference:

a. To registered societies having all the members belonging to the Scheduled Castes or

Scheduled Tribes or having all members who are traditional quarry operators and whose

livelihood is dependent on quarrying of ordinary building stone; and

b. To individuals belonging to the Scheduled Castes or Scheduled Tribes or to category of

persons who are traditional quarry operators and whose livelihood is dependent entirely

on quarry of ordinary building stone

4. Payments by the Bidders along with the

Technical Bid

4.1 Tender fees (non-refundable)

a) The application fee for SC/ST/Physically challenged and economically weaker section

Bidder shall be Rs.1,000/-and for others it shall be Rs.2,000/- for each block.

b) Tender fees to be paid in the form of DD in favour of Deputy Director/ Senior Geologist,

Department of Mines & Geology, Karnataka (as the case may be), XXXXXX. Original DD

should be submitted to Deputy Director/ Senior Geologist, DMG (as the case may be) on or

before XXXXXXXX.


4.2 EMD/Bid Security

a) The EMD for an amount equal to one year dead rent per acre as mentioned in Schedule-I of

the KMMCR Rules for general category bidders, shall be paid through e-governance

platform. The EMD payable for SC/ST/Economically Weaker Section and Physically

challenged bidders shall be 50% of the EMD as prescribed for others category for each

block.

b) EMD amount shall be paid to e-governance department through any of the following e-

payment modes i.e. credit / debit card, NEFT/RTGS or OTC.

c) EMD will be refunded to the unsuccessful bidder within two months of completion of the

allotment process. EMD shall not carry any interest.

d) The EMD will be forfeited if the successful bidder fails to pay the security deposit in time.

Note:

The qualified person/firm/company in pre-qualification tender can also participate in more than one

block by paying non-refundable tender fees , processing fees & EMD separately for each block as

mentioned above.

5. Timetable

The following tentative timetable shall apply to the tender process non-auction of blocks. The

timetable may be amended by the Competent Authority and during the allotment process through

issuance of an addendum to the Tender Document.

S. No. Event Description Time

1 Publication of notice inviting tender on e-procurement

portal/Department notice T0

1 (A)

Appearance of notice inviting tender published on XXXXXX in at

least one English national newspaper and one local language

newspaper

T0+1

2 Commencement of sale of Tender Document. T0+1

3 Last date of receiving queries from Bidders T0+15

4 Pre-bid conference. T0+25

5 Last date for responses to queries by the Competent Authority T0+30

6 Last date for sale of Tender Document. T0+35

8 Opening of the Technical Bids. T0+45


9 Start date for examination of the Technical Bids T0+46

10 Announcement of the technically qualified bidders To+49

11 Lottery Date To+50-52

14 Announcement of successful bidder T0+58

6. Declaration of successful bidder and grant of

Quarrying Lease

Pursuant to Rule 31-C of the KMMCR Rules, the Quarrying Lease shall be granted to the

successful bidder in the following manner:

6.1 Issuance of provisional acceptance letter

A provisional acceptance letter shall be issued to the successful bidder by the Competent

Authority upon approval of the allotment from the controlling authority.

6.2 Security deposit by successful bidder

A successful Bidder shall be deposit 4 times the earnest money deposit as security within 3

weeks from the date of acceptance letter, failing which the earnest money (EMD) submitted

along with the bid shall be forfeited and application shall be rejected.

6.3 Letter of intent

On depositing the security amount as per clause 6.2 above, letter of intent shall be issued to

the successful bidder by the concerned Competent Authority requiring him to submit approved

quarrying plan/simplified quarry plan/environment clearance and such other documents.

If the provisions of 6.3 is not complied with by the successful bidder, the security amount

deposited by him and earnest money deposited shall be forfeited and application shall be

rejected.

6.4 Grant of notification

The competent authority shall issue a grant notification for Quarrying Lease in Form GL

(Refer the Schedules of the KMMCR Rules) for an application after obtaining the approved

quarrying plan or simplified quarry plan or environment clearance, as the case may be.


6.5 Performance Guarantee

The successful bidder shall submit Performance Guarantee (As per format in Annexure M) in

form of Bank Guarantee, Fixed Deposit receipts or Demand Draft or in any other manner as

may be specified by the State Government from time to time before execution of lease or

license, which shall be as per sub rule (5) of Rule 36 of the KMMCR Rules to be paid in

advance. The amount of performance guarantee shall be reconciled before 30th April for the

forthcoming year with prevailing rates of royalty and make the shortfall payments, if any.

6.6 Execution of lease deed

The Competent Authority and the successful bidder shall enter into the Lease deed Annexure K (Form E of the KMMCR Rules) subject to following conditions:

a) The successful bidder shall submit Performance Guarantee as referred in Section 6.5 of

this Tender Document.

b) The successful bidder shall formally obtain all necessary clearances, if any within period

of six months and operationalize the quarry within a period of 1 year. Provided that such

period may be extended to a period of nine months and eighteen months respectively by

the competent authority, in case the lessee is able to show that the delay is beyond his

control.

7. Payments by the successful bidder/ lease

holder

7.1 Payment of royalty or dead rent (whichever is more)

The holder of a Quarrying Lease or license, shall pay dead rent at the rates specified in

Schedule I [as may be modified from time to time] or royalty at the rates specified in Schedule

II [as may be modified from time to time] [Whichever is more] whether minor mineral is

removed or consumed by him or his agent, manager, employee or contractor.

7.2 Payment of Additional Periodic Payment

The holder of a Quarrying Lease or license in “others” category shall pay in addition to royalty,

an amount which is equal to the Average Additional Periodic Payment payable by the holders

of quarry lease or license granted through auction within Taluk if such average is available for

Taluk, or within district of such average is not available for the Taluk. Or within the

neighboring district if such average is not available for the district, and if such average is not

available within neighboring districts, such Average Additional Periodic Payment shall be

deemed to be fifty percent of royalty. This deemed percent shall be reset after three years

based on average obtained in auctions by 31.03.2019; and if no auctions have taken place by

31.03.2019 for deriving the average from taluk, district or neighboring district, as the case may

be, then the deemed rate will become the final rate for the Average Additional Periodic

Payment


7.3 For the new mineral discovered

If subsequent to the allotment, any new different mineral is discovered within the lease area,

then the holder of Quarrying Lease shall follow the provisions of the Rule 3-E for complying

the requirement and payment of average Additional Periodic Payments.

7.4 District Mineral Foundation

Every holder of the Quarrying Lease or license of minor minerals shall make payment towards

the District Mineral Foundation of the district in which the mining operations are carried out,

an amount which is equivalent to ten per cent of the royalty in case of leases granted through

auction and thirty per cent of royalty in case of leases granted without auction.

7.5 Payments regarding Minimum Assured Production

The lessee shall produce and dispatch minimum fifty percent of the permitted annual

production quantity, and if he fails to achieve the same, he shall be liable to pay royalty and

Additional Periodic Payment (as applicable) as per the minimum production and dispatch

requirement of fifty percent of permitted Annual production quantity as mentioned in

environment clearance.

Note:

Minimum Assured Production is not applicable for allotment of blocks by lottery process (non-

auction route) except for “Other Categories” as per Rule 3F of the KMMCR 1994 Rules.

7.6 Financial assurance

Financial assurance has to be furnished by every Quarrying Lease/quarry license/ working

permission holder. The amount of financial assurance shall be as follows, namely:

For specified minor mineral Quarrying

Lease/ license/ working permission

Rupees ten thousand per acre or part thereof

area used in quarrying and allied activities within

the lease and outside

For non-specified minor mineral

Quarrying Lease/ licenses

Rupees five thousand per acre or part thereof

The financial assurance shall be submitted in the form of fixed deposit receipt from any

Schedules Bank, which shall have validity of more than six months after the date of expiry of

lease/ license or as specified by the State Government from time to time.

Before issue of sanction, the lessee/licensee/working permission holder shall have to submit

the financial assurance to jurisdictional Deputy Director/ Senior Geologist.

8. Period of Quarrying Lease

All the Quarrying Lease or Licenses shall be granted as per Rule 8A of the KMMCR Rules.


9. Utilization of mineral

a) Utilization of mineral shall be strictly as per rules and regulations applicable in the state of

Karnataka for use and sale.

b) Any non-compliance with the aforementioned requirement shall result in cancellation of the

Order or Quarrying Lease and appropriation of the Performance Guarantee .

10. Transfer and surrender of lease

Any transfer and surrender of Quarrying Lease shall be as per provisions of KMMCR 1994 Rules.

11. Arbitration:

If any dispute arises between the parties it shall be settled through mutual discussion in good

faith. If not settled, the matter may be referred for Arbitration. Director/ Commissioner,

Department of Mines & Geology, Karnataka shall be the sole arbitrator for the purpose and

his/her decision shall be final and binding on both the parties (for both Non-specified Minerals

and Specified Minerals).

12. Powers of Competent Authority

a) The Competent Authority reserves the right to reject all or any of the tender / bids without

assigning any reason thereof or split up the tender as he deems fit.

b) The Competent Authority also reserves the right to cancel the bid or lease even after even

after acceptance of bid or during performance of the contract.

c) As per provisions of Rules 7 of the KMMCR Rules, A quarrying lease or license may contain

such other conditions as the Competent Authority may deem necessary.


13. Annexures


Annexure A - District wise list of Blocks- Dated XXXXXX

Sr. District Minor

Mineral

Area of

the

Block

Reserves/

Resource

s of the

mineral

Method of

allotment

(lottery)

Reserved

(Yes/No)

Category

of

reservati

on


Annexure B- Information Memorandum Format

Sr. No. Description

1 Name of the Village, Taluk, District and

theblock number.

2 Details of the mineral available, estimated

resource or

reserve

3 Survey Number

4 Sketch of the block

5 GPS co-ordinates

6 Details of the approach road

7 Land marks

8 Period of lease

9 Land details (Forest Land, Owned by the

State Government and land not owned by the

State Government)

10 List of clearances available


Annexure C- Technical Bid Format (Check List)

Technical Bid

The Tenderer shall submit/upload the following documents on the portal:

a) Payment of Tender Fees (Annexure D )

b) Payment of EMD/Bid Security (Annexure D)

c) E-tender application in form-AQL(Annexure E)

d) Covering letter (Annexure F)

e) Copy of ownership/establishment certificate for proprietary firms, partnership deed in respect

of partnership firm/Registration Certificate in case of a company

f) Required net worth by registered Chartered Accountant (CA) (Annexure G)

g) Copy of PAN/or TIN No.

h) No Due Certificate from the Deputy Director (DD)/Sr Geologist of the concerned District

where block is put for allotment for the royalty/penalty arrears.

i) Copy of Income Tax returns files/ IT assessment orders for the Previous financial year should

be produced

j) An affidavit stating that the Bidder has filed the following:(Annexure H)

1. Income Tax Returns of 3 Preceding year as per IT Act, 1961

2. Paid the assessed Income Tax

3. He/she abide by the terms and conditions of the Tender

4. He/she is not holding an office of profit under the State Government or Central

Government concerned

5. Has not been convicted or any offence involving moral turpitude.

6. He/she has no dues payable to the Government

7. He/she belong to the category for whom the block is so reserved.

8. Bid once offered shall not be withdrawn till the grant of Quarrying Lease in respect of

such block.

9. He/she hold maximum area as per Rule 15 of the KMMCR Rules (Please provide details

of the areas bidder already have in the State)

k) Power of attorney as per format (Annexure I) along with Board resolution (in case the bidder

is a Company/firm)

l) Certificate from Tehsildar of the concerned Taluka for eligibility as per Rule 3-F.

Notes

• The Bidder who have not submitted any one of the above documents or has submitted

insufficient documents will not be considered for technical bid evaluation and shall be treated

as disqualified.

• All the aforementioned documents, the original physical copy must be dispatched to the

address of Competent Authority of the district so that they are received on or prior to the Bid

Due Date, failing which the Technical Bid shall be deemed to be not received.

• Separate documents shall be required to be submitted in case bidder applied for more than

one block.


Annexure D- Demand Draft Submission format

DD submission format

Name and address

Amount

DD No and Date

Bank name & branch

IFSC code

Applied block No

Applied block Name

Taluk

Survey No

Extent

Mobile No

Note: Original DD should be submitted to Senior Geologist office, XXXXXXXXX on or before ___________________

Signature of the Tenderer

With official seal

Date:

Place:

Sd/-

Deputy commissioner/Chairman

District Committee

XXXXX District.


Annexure E- Application Form AQL

(See Rule 3B, 3D, 3E, 3F, 9, 9C, 31C, 31T,31-ZA, 31-ZC, 32)

Application for Grant of Quarry Lease/ Quarrying License/

Composite License

for_______________________________ (Name of the Minor Mineral).

(To be submitted in duplicate with sketches in triplicate)

Received at _______________________(Place), on ________________ (date) and entered in the

Register (FORM-QLA/RAQP), Vol-No._____________ at serial No._______________ on Page

No.___________________.

Signature and

Designation of receiving Officer.

FROM:

__________________

__________________

__________________

TO:

The Commissioner/Director

Department of Mines & Geology,

Karnataka.

Sir,

I/We hereby submit an application for grant of Quarry Lease/Quarrying License/Composite License for

quarrying (Minor Mineral) for a period of ( ) years over an extent of acres/guntas/cents of

land in the area specified in this application.

APPLICANT

PHOTO


A total sum of Rs. /- being the Security Deposit calculated at Rs. /- per acre and Rs.

/- being the application fee has been paid to Government vide D.D NO. & Dated

for Rs. /- & Rs. /-respectively.

The required particulars are given below:

1. Name of the applicant with permanent

address, and correspondence address in full

(Address Proof shall be enclosed) and

Mobile / Land line Number and e-mail ID.

2. Is the applicant a Individual/Government

Company/ Firm/Association or Regd. Co-

operative Society.

3. a) Names of the Directors/Members/

Partners and their Nationality.

b) Nationality of the Individual

applicant.

4. Place & Address of Registration of the

company/ Firm/Association or Registered.

Co-operative Society.

(Registered Document shall be enclosed)

5. Profession or nature of business of the

applicant

6. Minor Mineral which the applicant intends to

Quarry(If it is any type of granite, description

of colour and texture/structure be given in

brief)

7. Period for which quarrying lease/License is

required as per rules.

8. Details of Area applied for:

District Taluk Village Block No.

& Sy.No

Extent & Type of land

a. Ammonia print of village Plan/Forest land in

triplicate on scale 1”= 660 ft or 1”=330 ft

showing the area applied with GPS Co-

ordinates in WGS -84

b. R.R. Extract/Village Map in original (Clearly

state whether it is Patta/ Revenue/ Forest land)

c. Certified copies of documents to establish that

the applied area is a patta land /granted patta


land and that the applicant has full ownership

rights in the minor mineral found in the applied

area.

9. Particulars of areas, mineral-wise, already held

under quarrying lease or License or working

permissions or under Court order in individual

capacity or partner/ Director/Member of any

company/ Firm/ Association/Registered Co-

operative Society.

District Taluk Village Sy.No Extent & Type of land

10. Particulars of areas, mineral wise, already

held quarrying lease / License /

working permission in individual name

or as a partner / Director / member of

any company / Firm / Association /

Registered Co-operative Society.

District Taluk Village Sy.No. Extent & Type of land

11. Whether any new major/minor mineral has

been discovered in the held leased area or the

existing mineral will be used as a different end

product if so give details.


applied for quarrying lease or License in

individual name or as a partner/ Director/

member of any company/ Firm/ association/




applied for quarrying lease or License in

individual name or as a partner/ Director/

member of any company/ Firm/ association/



14. If the applicant, on the date of application

does not hold any quarrying lease or License

or working permission for quarrying or any

area under Court Order an affidavit to this

effect should be furnished with this

application.


15. Proposed method of quarrying and

Investment.

(a) Mechanised/quasi mechanised/

Manual.

(b) Investment in accordance with(a)

16. Whether the applicant is the owner of an any

mineral based industries or intent to establish

any mineral based industries that use minor

minerals as raw material in the State. (see

schedule-1B)

If so furnish details regarding:

(a) Name of the Unit:

(b) Date of establishment:

(c) Location & Address of the unit:

(d)Capacity of the unit in terms of

production.

17. Whether the applicant belongs to Scheduled

Caste/Scheduled Tribe or Registered Society

of such persons, /physically challenged

(Physically disabled)/ economically weaker

section and traditional quarry operator by

Profession/Others.

18. If so, persons belonging to Scheduled

Caste/Scheduled Tribe or Registered Society

of such persons, /physically challenged

(Physically disabled)/ economically weaker

section and traditional quarry operator by

Profession shall produce a Certificate from

the concerned Taluk Tahsildar or concerned

competent authority.

19. Financial resources of the applicant furnish

Banker’s credit certificate.

20. Payment details: i) EMD

Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:

ii) Application fee Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:

iii) Processing Fee Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:

21. Turnover of the applicant during the last 5


years [Rs. In lakhs]:-

1) .....................year

2) .....................year

3) .....................year

22. Positive Net worth of the applicant during last

3 years [Rs. In lakhs]:-

.....................year

23. Does the applicant has convicted of any

offence involving moral turpitude / illegal

mining activity.

24. Bankers reference, if any

25. Brief write up about the

Company/firm/individual

26. Particulars of areas, mineral wise already

applied & holding quarry leases

27. Proposed method of quarrying and investment (a) mechanized/quasi/manual (b) investment in accordance

28.

Clearance Certificate with respect to royalty,

dead rent, surface rent and any other dues

towards department.

29. Does the applicant holds office of profit:

Yes/No

30. Does the applicant has convicted of any

offence involving moral turpitude / illegal

mining activity.

31. Any other relevant information like;

i) Duly registered GPA document, if the application is filed by the GPA holder.

ii) Authorization letter to represent Firm/company etc., along with board resolution to this effect.

32. Any other particulars which the applicant

wishes to furnish.

DECLARATION

I/We hereby declare that:-

a. The particulars uploaded are factual & correct and we are agreeable to furnish any other

information/details as may be required by District Committee, …………………….District

b. I/We agree & declare that I/we are fully familiar with the terms & conditions of the tender

process as notified by Commissioner/Director, Department of Mines and Geology/District

Committee ………………….. District and agree to abide by the terms and conditions issued

by Commissioner/Director, Department of Mines and Geology/District

Committee………………….. District.

Date: [Signature of the Bidder]

Place: [Name with Full address]


Annexure F Covering letter format

Covering Letter format

To [Date]

Director/Chairman/Commissioner,

District Committee/Competent Authority

Sub: Bid letter for participation in allotment for grant of Quarrying Lease for [name of the

Concession Area.]

Dear Sir,

With reference to your Tender Document dated [date], I, having examined the Tender Document and

understood their contents, hereby submit my Technical Bid. Capitalized expressions used in this letter

have the same meaning as ascribed thereto in the Tender Document.

1) The Technical Bid is unconditional and unqualified.

2) We have reviewed the terms of the Tender Document and hereby unconditionally and

irrevocably accept, agree and acknowledge the terms thereof.

3) We acknowledge that the Competent Authority will be relying on the information provided in the

Technical Bid and the documents accompanying the Technical Bid for selection of the

successful bidder, and we certify that all information provided therein is true and correct;

nothing has been omitted which renders such information misleading; and all documents

accompanying the Technical Bid are true copies of their respective originals.

4) This statement is made for the express purpose of our participation in the tender process and

possible selection as successful bidder.

5) We hereby confirm that we satisfy all the eligibility conditions prescribed in the Tender

Document. Specific confirmations with respect to our compliance with the eligibility conditions

are provided below:

(a) [Insert separate paragraphs for compliance with each of the eligibility conditions] of the Tender

Documents, with specific reference to enclosed documents as mentioned in the instructions.]

6) We hereby acknowledge that if we submit or produce any document and it is discovered

subsequently that such document was false or incorrect then we shall be liable under the

Applicable Law for the time being in force.

7) We shall make available to the Competent Authority any additional information it may find

necessary or require to supplement or to authenticate the Technical Bid.

8) I acknowledge the right of the Competent Authority to reject our Technical Bid without assigning

any reason or otherwise and hereby waive, to the fullest extent permitted by Applicable Law,

our right to challenge the same on any account whatsoever.

9) We declare that:

(a) We have examined and understood the Act, all Rules framed thereunder, the Tender


Document and all documents referred therein including the Information Memorandum;

(b) We have examined and have no reservations to the Tender Document, including any

amendment/s issued by the Competent Authority vide corrigendum / addendum from

time to time.

(c) We have not directly or indirectly or through an agent engaged or indulged in any

Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or

Restrictive Practice, as defined in the Tender Document, in respect of any tender or

request for proposal issued by or any agreement entered into with the Competent

Authority or any other public sector enterprise or any government, central or state; and

(d) We will not resort to illegality in the work and any illegality found we are liable for action

by the Department.

(e) We hereby certify that no person acting for us or on our behalf has engaged or will

engage in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable

Practice or Restrictive Practice.

10) We understand that you may cancel the tender process at any time and that you are neither

bound to accept any bid that you may receive nor to invite the Bidders to bid, without incurring

any liability to the Bidders, in accordance with the Tender Document.

11) We hereby irrevocably waive any right or remedy which we may have at any stage at law or

howsoever otherwise arising to challenge or question any decision taken by the Competent

Authority in connection with the selection of the successful bidder, or in connection with the

tender process itself, in respect of the Tender Document and the terms and implementation

thereof.

12) In the event of we being declared as the successful bidder, we agree to enter into Lease deed

and other documents in accordance with the Tender Document and pay such amounts eg:

Dead rent, Royalty, Additional Periodic Payments (if applicable), District Mineral foundation etc.

and provide such security/financial assurance as required therein.

13) We have ensured compliance with the Tender Document and to the best of our knowledge this

bid is conforming to the terms thereof.

14) We agree and understand that the Bid is subject to the provisions of the Tender Document. In

no case, we shall have any claim or right of whatsoever nature if the Quarrying Lease is not

awarded to us or our bid is not opened or rejected.

15) We have consideration all the terms and conditions stated in the Tender Document, Lease

Deed, our own estimates of costs and feasibility and after a careful assessment of the

geological and other information, the Information Memorandum and the proposed Quarrying

Lease and all the conditions that may affect the utilization of minerals.

16) We shall keep this offer valid for 180 days from the Bid Due Date specified in the Tender

Document or such extended duration as may be agreed with Competent Authority

17) We acknowledge, agree and confirm that in the event of our being declared as the successful

bidder, we are bound to pay the sums envisaged in the Tender Document in the event and in

the manner described thereunder.

In witness thereof, we submit this bid letter forming part of our Technical Bid under and in accordance

with the terms of the Tender Document.


Yours faithfully,

(Signature, name and designation of the Authorized signatory)

Name and seal of Bidder

Date:

Place:

Enclosed:

[list and description of documents enclosed]


Annexure G - Networth Certificate

TO WHOM EVER IT MAY CONCERN

This is to certify that …………(Name of Company/Individual/firm) having its registered office/

residence Address at ……, has a networth of Rs….Lac as on XXXXXXXXX on the basis of the

following Calculation

(Rs. In Lacs)

Paid-up Equity Capital (A)

Free Reserves (B)

Total Networth (A+B)

We further certify that we have read the eligibility conditions as specified in this Tender Document and

the Bidder is complying with the financial eligibility requirement, as specified in this Tender Document.

Also, Networth calculation has been done as per the requirement of this Tender Document.

Registration Number

Name of CA/Firm

Date


Annexure H Affidavit

Affidavit

I, [name] aged [age] years, resident of [address] [working as [designation] an authorized signatory on

behalf of [name of the Bidder]] (“Bidder”) hereby state as under:

I am the [designation of the deponent] of the Bidder. I am conversant with the facts and

circumstances surrounding the subject of this affidavit [and have been authorized to depose to the

same pursuant to the power of attorney dated [date] issued pursuant to [particulars of corporate

approval]]. I am filing this affidavit to place on record verification of facts and documents in connection

with the tender process concerning [name of the Mineral Block].

[Insert separate paragraphs for each document brought on record for physically submitted with the

Competent Authority, in a chronological sequence].

1. Income Tax Returns of 3 Preceding year as per IT Act, 1961

2. Paid the assessed Income Tax

3. Bidder shall abide by the terms and conditions of the Tender

4. Bidder is not holding an office of profit under the Competent Authority or Central

Government concerned

5. Bidder has not been convicted or any offence involving moral turpitude.

6. Bidder has no dues payable to the State Government

7. Bidder belong to the category for whom the block is so reserved.

8. Bid once offered shall not be withdrawn till the grant of Quarrying Lease in respect of

such block.

9. Bidder hold maximum area as per Rule 15 of the KMMCR Rules (Please provide details

of the areas already bidder have)

That nothing has been concealed in the information submitted as mentioned above.

Solemnly affirmed and verified on this [day] day of [month] [year] at [place].

(Signature)

Name, Designation & Seal

VERIFICATION

I, [name], [the [designation of the deponent] of the Bidder above named, having my office at[address],

do hereby solemnly declare that what is stated above in paragraphs [1] to [number] are on the basis

of the books and records of the Bidders, and verify that the contents of the above affidavit are true

and correct, no part of it is false and nothing material has been concealed therefrom.

Verified at [day] day of [month] [year] at [place].

Deponent (Signature)

Name, Designation & Seal


Annexure I Power of attorney

Power of attorney

(Applicable in case Bidder is authorizing somebody else to submit Bid)

(1) Instructions for submission of the power of attorney (applicable for Company/ Firm)

(a) The power of attorney must be issued in India in accordance with Applicable Law and

it must be issued in accordance with the constitutional documents of the Bidder after

obtaining all corporate approvals as may be required. The extract of constitutional

documents and certified copies of the corporate approvals must be enclosed with the

power of attorney.

(b) The power of attorney must be issued under the common seal, if any.

(c) The power of attorney must be stamped in accordance with Applicable Law.

(d) The power of attorney must be issued in the name of a person who is in full time

employment of the Bidder.

Format of power of attorney

Know all men by these presents, We, [name and address of the Bidder] do hereby irrevocably

constitute, nominate, appoint and authorize [Name], son/daughter/wife of [name of

father/husband] and presently residing at [address], who is presently employed with us and holding

the position of [designation], as our true and lawful attorney ( “Attorney”) to do in our name and on

our behalf, all such acts, deeds and things as are necessary or required in connection with or

incidental to submission of our bid for the [Name of Block] mineral block (“Mineral Block”) in

response to the Tender Document, dated [date] issued by Competent Authority (“Competent

Authority”) including but not limited to signing and submission of all applications, affidavits, bids and

other documents and writings, participate in Bidders’ and other conferences and providing information

/ responses to the Competent Authority, representing us in all matters before the Competent

Authority, and generally dealing with the Competent Authority in all matters in connection with or

relating to or arising out of our bid for the Mineral Block and/or upon award thereof to us and/or till

the entering into lease deed with the Competent Authority and grant of Quarrying Lease. AND we

hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or

caused to be done by our Attorney pursuant to and in exercise of the powers conferred by this power

of attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers

hereby conferred shall and shall always be deemed to have been done by us.

In witness whereof we, [name of Bidder], the above named principal have executed this power of

attorney on this [date].

For…………………………….. (Signature, name, designation and address)

Witnesses:

1.

2.

[Particulars of notarization]


Annexure J PRODUCTION AND DESPATCH REQUIREMENT

(1) (2) (3)

Period Production Requirement in MT (Annual)

(permissible annual production as prescribed under the environment clearance)

Minimum Annual Despatch Requirement in MT (Annual)

(this will be 50% of the Production Requirement as set forth in the second column)

The Performance Security will not be invoked if the actual production in a financial year is at least 50% of the Production Requirement, as mentioned in the table above.

If the actual production in a financial year is lower than 50% then 50% of the Performance Guarantee shall be invoked in addition to the Annual Periodic Payments (If applicable) that the successful bidder is liable to pay for the Minimum Assured Production Requirement.


Annexure K- Lease deed Format (Form E of the KMMCR Rules)

Lease deed Format (Form E)


Annexure L Details of Competent Authority

Notification by state government for Competent Authority


Annexure M (Performance Guarantee)

FORM – PBS [See rule-36(5)]

PERFORMANCE GUARANTEE IN THE FORM OF BANK GUARANTEE

(Reference number of the bank) Date:

TO,

The Governor of Karnataka

WHERREAS

A. ............ Incorporated in India under the Companies Act, [1956/2013] with corporate identity

number [CIN of the applicant]. Whose registered office is at [address of the registered

office...............], India and principal place of business is at [address of principal place of

business, if different from registered office..........] (the –Applicant) is required to provide an

unconditional and irrevocable bank guarantee for an amount equal to INR [figures] Indian

Rupees words [..................] as a performance security valid until [date of expiry of

performance bank guarantee] (Expiry Date).

Mentioned only for companies, the format to include individuals/other applicants also.

B. The performance Security is required to be provided to The Governor of Karnataka. The

Government of Karnataka for discharge of certain obligations under the [reference to the

principal documents-prospecting license mining/quarrying lease, lease deed dated:..... with

respect to [particulars of concession] (collectively the “Concession Document”).

C. We [name of the bank] (the Bank) at the request of the Applicant do hereby undertake to

pay to the Government of Karnataka an amount not exceeding INR [figures] (Indian

Rupees) Guarantee Amount) to secure the obligations of the Applicant under the

Concession Document on demand from the Government of Karnataka on the terms and

conditions herein contained herein.

NOW THEREFORE. The Bank hereby issues in favour of the Government of Karnataka this

irrevocable and unconditional payment bank guarantee the (Guarantee) on behalf of the

Applicant in the Guarantee Amount;

1. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the

Government of Karnataka without any demur, reservation, caveat, protest or recourse,

immediately on receipt of first written demand from the Government of Karnataka a sum or

sums (by way of one or more claims) not exceeding the Guarantee Amount in the

aggregate without the Government of Karnataka needing to prove or to show to the Bank

grounds or reasons for such demand for the sum specified therein and notwithstanding any

dispute or difference between the Government of Karnataka and Applicant on any matter

whatsoever. The Bank undertakes to pay to the Government of Karnataka any money so

demanded notwithstanding any dispute or disputes raised by the applicant in any suit or

proceeding pending before any court or tribunal relating thereto the Bank’s liability under

this present being absolute and unequivocal.

2. The bank acknowledges that any such demand by the Government of Karnataka of the amounts payable by the bank to the Government of Karnataka shall be final, binding and


conclusive evidence in respect of the amounts payable by applicant to the Government of Karnataka under the concession document.

3. The bank hereby waives the necessity for the Government of Karnataka from demanding the aforesaid amount or any part thereof from the applicant and also waives any right that the bank may have of first requiring the Government of Karnataka to purpose its legal remedies against the applicant, before presenting any written demand to the bank for payment under this Guarantee.

4. The bank further unconditionally agrees with the Government of Karnataka that the

Government of Karnataka shall be at liberty, without the banks consent and without

affecting in any manner the banks obligation under this guarantee, from time to time to:

(i) vary and or modify and of the terms and conditions of the Lease/concession

document:

(ii) extend and/or postpone the time for performance of the obligations of the applicant

under the concession document, or

(iii) forbear or enforce any of the rights exercisable by the Government of Karnataka

against the applicant under the terms and conditions of the lease/concession

document, and the bank shall not be relieved from its liability by reason of any such

act or omission on the part of the Government of Karnataka or any indulgence by

the Government of Karnataka to the applicant or other thing whatsoever which

under the law relating to sureties would, but for this provision, have the effect of

relieving the bank of its obligations under this guarantee.

5. Any payment made here under shall be made free and clear of and without deduction for or

on account of any present or future taxes, levies, imposts, duties, charges, fees

commissions, deductions or withholdings of any nature whatsoever.

6. The Bank agrees that Government of Karnataka at its option shall be entitled to enforce this

Guarantee against the bank as s principal debtor in the first instance without proceeding at

the first instance against the applicant.

7. The Bank further agree that the guarantee herein contained shall remain in full force and

effect during the period that specified in the lease/concession document and that it shall

continue to be enforceable till all the obligations of the applicant under or by virtue of the

said lease/concession document with respect to the performance security have been fully

paid and its claims satisfied or discharged or till the Government of Karnataka certifies that

the terms and conditions of the lease/concession document with respect to the performance

security have been fully and properly carried out by the applicant and accordingly

discharges this guarantee. Notwithstanding anything contained herein unless a demand or

claim under this guarantee is made on the bank in writing on or before the expiry date the

bank shall be discharged from all liability under this guarantee thereafter.

8. The payment so made by the bank under this guarantee shall be a valid discharge of

bank’s liability for payment there under and the Government of Karnataka shall have no

claim against the bank for making such payment.

9. This guarantee is subject to the laws of India, Any suit, action, or other proceedings arising

out of this Guarantee or the subject matter hereof shall be subject to the exclusive

jurisdiction of courts of Karnataka.

10. The Bank has the power to issue this Guarantee in favour of the Government of Karnataka.

This guarantee will not be discharged due to the change in the constitution of the Bank.

11. The Bank undertakes not to revoke this Guarantee during its currency except with the

previous consent of the Government of Karnataka in writing.


12. The Government of Karnataka may, with prior intimation to the Bank, assign the right under

this Guarantee to any other departments, ministries or any governmental agencies. Which

may act in the name of the Governor save as provided in this Clause-12, this Guarantee

shall not by assignable or transferable.

13. Notwithstanding anything contained herein.

a. the liability of the bank under this bank guarantee shall not exceed the Guarantee

Amount.

b. this bank guarantee shall be valid up to Expiry Date.

14. The Bank is liable to pay the guaranteed amount or any part thereof under this bank

guarantee only and only if the Government of Karnataka serves upon the bank a written

claim or demand on or before the Expiry Date.

Date:

Place:

In witness whereof the Bank, through its

authorized officer has set its hand and

stamp.

(Signature)

Name and Designation

(Bank Stamp)